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Posted on September 06 2022

6 steps for temporary residents to get ‘maintained status in Canada’

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By  Editor
Updated September 26 2024

Key aspects of the Canadian maintained status

  • The temporary residents in Canada can apply for an extension for a specific time before it expires under section 181
  • Gives you a chance to re-enter the country as a temporary resident on the basis of a Temporary Resident Visa (TRV)
  • The maintained status is applicable only during the period of stay in Canada, your temporary residence status will be at risk if you leave Canada in the process
  • The temporary residents will lose their status and will be refused to work in Canada, in case of an extension denial
  • Proof of the IRCC payment can help you restore your entry into Canada

*Check your eligibility for Canada through Canada Immigration Points Calculator for free.

Overview:

The maintained status of Canadian immigration lets the temporary residents keep their legal status, while their applications are to be processed. The Immigration Refugees Citizenship Canada (IRCC), also allows the temporary residents to extend their temporary stay in the country.

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Canadian immigration law

It is mandatory for temporary residents in Canada, to follow a condition under the immigration law, to leave Canada soon after the expiration of their work permit.

Despite that, under section 181, temporary residents in Canada can apply for an extension for a specific time, even before it expires. The individuals who make use of section 181 of the Immigration and Refugee Protection Regulations (IRPR), can stay until the IRCC processes their application and maintain legal status as temporary residents.

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Steps to get maintained status in Canada

Step-1: Follow IRCC guidelines

It is important to be aware of when your temporary status will expire. In case, your temporary status expires, you are unqualified for maintained status or even work until you can revive your status.

To be up-to-date with your status and submit your application for an extension even before the expiration of your existing status, the IRCC suggests submitting the application with more time to prevent further complications.

Step-2: Doing your own research

It is crucial to know the impact of the extension and the conditions of staying in Canada. You can continue to study or work under existing conditions, if you apply for renewal of your existing permit even before the expiration of the present one, in the process of waiting for the IRCC to make a decision on your extension.

You must stop working as soon as your work permit expires, if you wish to apply for a study permit or work permit in Canada.

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Step-3: Go through and understand the conditions thoroughly

Since the maintained status is applicable only during the period of stay in Canada, your temporary residence status will be at risk if you leave Canada in the process of waiting for the IRCC to decide on your extension.

You will be given a chance to re-enter the country as

  • A temporary resident on the basis of a Temporary Resident Visa (TRV)
  • Excluded from the necessity of a TRV

Besides, it doesn't mean that you can continue to study or even work in Canada unless the IRCC comes to a conclusion with your application. Additionally, you may have to provide evidence to the Canada Border Services Agency (CBSA) officer, of having sufficient finances to support yourself as long as you stay in Canada in the process of waiting for your extension.

Anyhow, it is highly recommended not to leave Canada while waiting on IRCC to decide on your application.

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Step-4: Decision of IRCC

In case of your application is approved to extend your work permit, you will be informed about the new date for your legal stay in Canada so that you can work and live under the rules of your extended work permit.

If your extension application is denied, you will be considered in status until IRCC decides on your application and you will lose the status and will be refused to work if your extension is denied in Canada.

You will be offered 90 days of time to restore your Canadian status by applying to the IRCC in which you will not be permitted to study or work, but can stay in Canada while waiting.

Step-5: Proving maintained status

Proving your status is as easy as applying for a work permit extension. You have to just show proof that the IRCC has received your payment for your application. It is important to keep this safe for your school or even your employer, as it can help you restore your entry into Canada.

*For further updates, follow the Y-Axis blog page

Step-6: Be aware of the work permit expiration date

The most significant step in obtaining the maintained status is to be aware of the expiration date of your temporary work permit and immediately apply for a new or extended permit. Immigration Refugees Citizenship Canada will process the extension of the temporary permit within six months if you are in Canada.

Do you want to migrate in CanadaGet guidance from Y-Axis, the leading Overseas Consultant in Australia

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